Child born in UK before either parents had ILR

[ravikotak]

Hi,

My son was born in Nov 2013, and my wife will get her ILR next month. We have registered our son and have his birth certificate. I read a few topics that we need to Register him for Citizenship under section 1(3) using MN1. While going though the form I came across the term 'stateless'. He doesn't have any passport right know, as we suspected once either of us get ILR we can register him for citizenship.

Are we correct in suspecting that he can register as citizen and apply for british passport?

if so are correct to use MN1 form with him being with no passport yet? or will we need to apply him passport for our nationality but then will he require visa as us to stay in UK?

Because I read that if they are without any citizenship we need to use guide S3 and respective form, but that form has no mention of either parents ILR status.

Also once we have figure out the application procedure if anyone had any experience on how long it takes as we would like to travel at earliest.

I read a lot on this forum and its a great effort by everyone interacting in it, thank you very much in advance for any answers.

PS: Sorry if its a repeat question but I din't read anywhere about childs current status

[CR001]

Read the FAQs 'Children' Section in the link below

http://www.immigrationboards.com/britis ... 95747.html

Form MN1 under section 1(3) is correct as the child was born in the UK. The process can take anywhere from a few weeks to six months but MN1 generally takes about 4-6 weeks and once you receive the certificate of registration as BC, you can apply for passport.

What is your immigration status/visa??

[UKBALoveStory]

While going though the form I came across the term 'stateless'. He doesn't have any passport right know, as we suspected once either of us get ILR we can register him for citizenship.

You son is not stateless. He has the same nationality as parents. He just does not have passport.

Are we correct in suspecting that he can register as citizen and apply for british passport?

Yes. Once any of the parent is granted ILR

[aarnags]

Hi,

Query related to this one.
If child was born when parents postal application was under process.

Child does not have any passport.

After parents getting PR can child apply for direct british passport? or it has go through MN1 process. ?

[CR001]

Hi,

Query related to this one.
If child was born when parents postal application was under process.

Child does not have any passport.

After parents getting PR can child apply for direct british passport? or it has go through MN1 process. ?

It will be MN1 process if child is born before you receive or are granted ILR.

[ravikotak]

Hi,

Query related to this one.
If child was born when parents postal application was under process.

Child does not have any passport.

After parents getting PR can child apply for direct british passport? or it has go through MN1 process. ?

It will be MN1 process if child is born before you receive or are granted ILR.

Thanks for the quick response. My status is same as my wife Tier-1 and I apply for my ILR a month after my wife.

While going though the form I came across the term 'stateless'. He doesn't have any passport right know, as we suspected once either of us get ILR we can register him for citizenship.

You son is not stateless. He has the same nationality as parents. He just does not have passport.

Are we correct in suspecting that he can register as citizen and apply for british passport?

Yes. Once any of the parent is granted ILR

That is very helpful. Will we require any document to prove his nationality same as ours? and on a different note is there any time period that we can apply under MN1 i.e it doesn't matter how old is the child, once either parents get ILR the child can apply for reg.?

how long does it take for passport to arrive?

What is the process of application can it be made in person or has to be by post?

[CR001]

No need to for his nationality documents as he will be born in the UK. You can apply any time after you or your wife is granted ILR as long as the child is under 18 years of age.

You will apply for MN1 first, which is the Certificate of Registration as a British Citizen and then make a separate application for a passport. https://www.gov.uk/get-a-child-passport

MN1 application is only by post and passport application can be either by post or using Check and Send at the Post Office.

Passport applications can be done using the fast track service and takes 3-5 days.

MN1 can take a couple of weeks to a couple of months.

[ravikotak]

No need to for his nationality documents as he will be born in the UK. You can apply any time after you or your wife is granted ILR as long as the child is under 18 years of age.

You will apply for MN1 first, which is the Certificate of Registration as a British Citizen and then make a separate application for a passport. https://www.gov.uk/get-a-child-passport

MN1 application is only by post and passport application can be either by post or using Check and Send at the Post Office.

Passport applications can be done using the fast track service and takes 3-5 days.

MN1 can take a couple of weeks to a couple of months.

Once again thank you very much for the help. I will keep things posted as and when they happen.

[ravikotak]

No need to for his nationality documents as he will be born in the UK. You can apply any time after you or your wife is granted ILR as long as the child is under 18 years of age.

You will apply for MN1 first, which is the Certificate of Registration as a British Citizen and then make a separate application for a passport. https://www.gov.uk/get-a-child-passport

MN1 application is only by post and passport application can be either by post or using Check and Send at the Post Office.

Passport applications can be done using the fast track service and takes 3-5 days.

MN1 can take a couple of weeks to a couple of months.

Guys, Following to your kind help. My wife has got her ILR and we will be applying for my son's registration using MN1. I just quickly wanted to check on what documents will i need to send. I had my son's birth cert, my wife's passport and biometric card, is there anything else?

Once again thank you very much amazing support, you are doing great work with the support.

[CR001]

Details are in the FAQ for citizenship, but the relevant parts for you are :

UK born children
In the child was born in the UK before one parent had ILR/PR, then once one parent is granted ILR, the child is entitled register as BC under section 1(3) of the British Nationality Act irrespective of their immigration status.

This application is an entitlement and as such the HO has no discretion in the decision if the statutory requirements are met. The application can be made any time before the child is 18. The only documents required are UK birth certificate and evidence that parent obtained ILR/PR. The application can be made if the child is in the UK or abroad.

Q2: Which documents are needed for registration as BC?
If applying under section 1(3) (child born in the UK to parents who now at least one parent holds ILR), the following documents are required:

- Original full UK birth certificate for the child (with the ILR parent named on it).
- Original child passport (if has one).
- Parent's passport showing ILR / BRP. (photocopies of all pages are accepted)
- Marriage certificate (if child born before 2006).

http://www.immigrationboards.com/britis ... 95747.html

[ravikotak]

Details are in the FAQ for citizenship, but the relevant parts for you are :

UK born children
In the child was born in the UK before one parent had ILR/PR, then once one parent is granted ILR, the child is entitled register as BC under section 1(3) of the British Nationality Act irrespective of their immigration status.

This application is an entitlement and as such the HO has no discretion in the decision if the statutory requirements are met. The application can be made any time before the child is 18. The only documents required are UK birth certificate and evidence that parent obtained ILR/PR. The application can be made if the child is in the UK or abroad.

Q2: Which documents are needed for registration as BC?
If applying under section 1(3) (child born in the UK to parents who now at least one parent holds ILR), the following documents are required:

- Original full UK birth certificate for the child (with the ILR parent named on it).
- Original child passport (if has one).
- Parent's passport showing ILR / BRP. (photocopies of all pages are accepted)
- Marriage certificate (if child born before 2006).

http://www.immigrationboards.com/britis ... 95747.html

Thanks CR001.

It says Parents passport showing ILR / BRP, in that case i need to send pasport and brp or only brp (and copies will do instead of original)?

While i was reading through other posts on the forum, somebody mentioned about no objection letter from the father as he dint have ILR like me. Shall I include that? and will they need copy of my passport?

Lastly the references are required for Section 1(3) applications as well? I will try the GP as mentioned but other who are not BC is fine?

Thanks

[CR001]

Photocopies of the entire passport and the BRP are acceptable.

You don't need a 'no objection letter' as child is entitled to be registered and the other parent is on track for ILR anyway.

Professional should be engaged with the child and does not have to be British. See below :

Section 5 - referees and identity
Any application for a child must be supported by two referees and a recent passport-sized photograph.

The photograph should be clipped or stapled to the space provided. The photograph must show the whole of the child's face. It should not be covered by their hair (except a beard, sideburns or a moustache), a scarf or traditional dress. They should not be wearing dark glasses, a hat, a hood, a cap or a scarf.

One referee should have known the child personally and have been their doctor, teacher, health visitor, social worker, or minister of religion. The other referee must be a holder of a British citizen passport. He/she must be either a professional person or over the age of 25. See the list of Acceptable professional persons. Each referee must not be related to the child, or to the other referee. He/she should not be acting as a solicitor or agent in connection with the application and should not be employed by the Home Office. Section 6 - consent to the application

[bilalmalik]

Hello Fellas,

could you please advise me about filling out the MN1 form as guidance is rather confusing at some parts,

My child was born in 2012 & i got ILR in 2013
I did not apply for his dependant visa as i didnt intend to go home until this year

i am not sure which if i did fill the correct setions which as as under, please comment

Section 1
1.1 filled 1(3)
1.2 , 1.3 left blank as child has no visa & HO Reference
1.4, 1.5, 1.6 filled
1.9 to 1.16 filled,
1.13, he was born in london, should i say country england or UK?
1.21 to 1.27 filled
1.30 to 1.36 filled
1.39, do i really need to fill this section?
section 2 left blank as child was born in uk and never been outside
Section 3 left blank
section 4 left blank
section 5 one my boss as head of it refrence and one from GP
section 6 6.1 to 6.3
section 7, i signed the declration as child is only 2 years old and cannot sign

please let me know if i did miss anything?

i did not find the fee details page so i could write my debit card details.

I would be very greatful if you could please advise me based on the information provided.

Kind Regards,

Bilal